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Action Brought on 25 April 2012 — Tomana and Others V Council and Commission

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Action Brought on 25 April 2012 — Tomana and Others V Council and Commission 30.6.2012 EN Official Journal of the European Union C 194/25 Action brought on 25 April 2012 — Tomana and Others v Sibanda (Harare); David Sigauke (Harare); Absolom Sikosana Council and Commission (Harare); Nathaniel Charles Tarumbwa (Harare); Edmore Veterai (Harare); Patrick Zhuwao (Harare); Paradzai Willings (Case T-190/12) Zimondi (Harare); Cold Comfort Farm Cooperative Trust (Harare); Comoil (Private) Ltd (Harare); Divine Homes (Private) (2012/C 194/42) Ltd (Harare); Famba Safaris (Private) Ltd (Harare); Jongwe Printing and Publishing Company (Private) Ltd (Harare); M & Language of the case: English S Syndicate (Private) Ltd (Harare); Osleg (Private) Ltd (Harare); Swift Investments (Private) Ltd (Harare); Zidco Holdings (Private) Parties Ltd (Harare); Zimbabwe Defence Industries (Private) Ltd (Harare); Applicants: Johannes Tomana (Harare, Zimbabwe); Titus Zimbabwe Mining Development Corp. (Harare) (represented by: Mehliswa Johna Abu Basutu (Harare); Happyton Mabhuya D. Vaughan, QC (Queen’s Counsel), M. Lester and R. Lööf, Bonyongwe (Harare); Flora Buka (Harare); Wayne Bvudzijena Barristers, and M. O’Kane, Solicitor) (Harare); David Chapfika (Harare); George Charamba (Harare); Faber Edmund Chidarikire (Harare); Tinaye Chigudu (Harare); Aeneas Soko Chigwedere (Harare); Phineas Chihota (Harare); Defendants: European Commission, Council of the European Augustine Chihuri (Harare); Patrick Anthony Chinamasa Union (Harare); Edward Takaruza Chindori-Chininga (Harare); Joseph Chinotimba (Harare); Tongesai Shadreck Chipanga (Harare); Augustine Chipwere (Harare); Constantine Chiwenga (Harare); Form of order sought Ignatius Morgan Chiminya Chombo (Harare); Martin Dinha (Harare); Nicholas Tasunungurwa Goche (Harare); Gideon — Annul Council Decision 2012/97/CFSP of 17 February Gono (Harare); Cephas T. Gurira (Harare); Stephen Gwekwerere 2012 amending Decision 2011/101/CFSP concerning (Harare); Newton Kachepa (Harare); Mike Tichafa Karakadzai restrictive measures against Zimbabwe (OJ 2012 L 47, (Harare); Saviour Kasukuwere (Harare); Jawet Kazangarare p. 50), in so far as it concerns the applicants; (Harare); Sibangumuzi Khumalo (Harare); Nolbert Kunonga (Harare); Martin Kwainona (Harare); R. Kwenda (Harare); Andrew Langa (Harare); Musarashana Mabunda (Harare); Jason — Annul Commission Implementing Regulation (EU) No Max Kokerai Machaya (Harare); Joseph Mtakwese Made (Harare); 151/2012 of 21 February 2012 amending Council Regu­ Edna Madzongwe (Harare); Shuvai Ben Mahofa (Harare); Titus lation (EC) No 314/2004 concerning certain restrictive Maluleke (Harare); Paul Munyaradzi Mangwana (Harare); Reuben measures in respect of Zimbabwe (OJ 2012 L 49, p. 2), Marumahoko (Harare); G. Mashava (Harare); Angeline Masuku in so far as it concerns the applicants; (Harare); Cain Ginyilitshe Ndabazekhaya Mathema (Harare); Thokozile Mathuthu (Harare); Innocent Tonderai Matibiri (Harare); Joel Biggie Matiza (Harare); Brighton Matonga — Annul Council Implementing Decision 2012/124/CFSP of (Harare); Cairo Mhandu (Harare); Fidellis Mhonda (Harare); 27 February 2012 implementing Decision 2011/101/CFSP Amos Bernard Midzi (Harare); Emmerson Dambudzo concerning restrictive measures against Zimbabwe (OJ 2012 Mnangagwa (Harare); Kembo Campbell Dugishi Mohadi L 54, p. 20), in so far as it concerns the applicants; and (Harare); Gilbert Moyo (Harare); Jonathan Nathaniel Moyo (Harare); Sibusio Bussie Moyo (Harare); Simon Khaya Moyo (Harare); S. Mpabanga (Harare); Obert Moses Mpofu (Harare); Cephas George Msipa (Harare); Henry Muchena (Harare); — Order the defendants to pay the costs of the applicants. Olivia Nyembesi Muchena (Harare); Oppah Chamu Zvipange Muchinguri (Harare); C. Muchono (Harare); Tobaiwa Mudede (Harare); Isack Stanislaus Gorerazvo Mudenge (Harare); Pleas in law and main arguments Columbus Mudonhi (Harare); Bothwell Mugariri (Harare); Joyce Teurai Ropa Mujuru (Harare); Isaac Mumba (Harare); Simbarashe In support of the action, the applicants rely on five pleas in law. Simbanenduku Mumbengegwi (Harare); Herbert Muchemwa Murerwa (Harare); Munyaradzi Musariri (Harare); Christopher Chindoti Mushohwe (Harare); Didymus Noel Edwin Mutasa 1. First plea in law, alleging that the defendants have included (Harare); Munacho Thomas Alvar Mutezo (Harare); Ambros individuals and entities without a proper legal basis for Mutinhiri (Harare); S. Mutsvunguma (Harare); Walter Mzembi doing so. Neither the Council nor the Commission has (Harare); Morgan S. Mzilikazi (Harare); Sylvester Nguni the power to impose restrictive measures on non-state (Harare); Francis Chenayimoyo Dunstan Nhema (Harare); John actors in Zimbabwe on the sole grounds of unsubstantiated Landa Nkomo (Harare); Michael Reuben Nyambuya (Harare); allegations of criminal misconduct in Zimbabwe. The Magadzire Hubert Nyanhongo (Harare); Douglas Nyikayaramba unsubstantiated allegations are in many cases alleged to (Harare); Sithembiso Gile Glad Nyoni (Harare); David Pagwese have taken place even before the Government of National Parirenyatwa (Harare); Dani Rangwani (Harare); Engelbert Abel Unity was formed. The institutions have acted beyond their Rugeje (Harare); Victor Tapiwe Chashe Rungani (Harare); limited competence in penal matters, and the measures in Richard Ruwodo (Harare); Stanley Urayayi Sakupwanya question are inappropriate and disproportionate to any (Harare); Tendai Savanhu (Harare); Sydney Tigere Sekeramayi legitimate Common Foreign and Security Policy objective. (Harare); Lovemore Sekeremayi (Harare); Webster Kotiwani Shamu (Harare); Nathan Marwirakuwa Shamuyarira (Harare); Perence Samson Chikerema Shiri (Harare); Etherton Shungu 2. Second plea in law, alleging that the defendants erred mani­ (Harare); Chris Sibanda (Harare); Jabulani Sibanda (Harare); festly in considering that the criteria for listing set out in the Misheck Julius Mpande Sibanda (Harare); Phillip Valerio contested measures were fulfilled, because: C 194/26 EN Official Journal of the European Union 30.6.2012 — The defendants were not lawfully entitled to include — Instruct the Commission to assess, nonetheless, the applicants on the sole basis of assertions that they are substance of the request for internal review, within a a ZANU-PF member of the Government of Zimbabwe period of time determined by the Court; and or an associate of such a person; and — Order the Commission to pay the costs of the proceedings. — The defendants were not lawfully entitled to include applicants on the basis of vague unsupported allegations of misconduct stated to have taken place in the past, in Pleas in law and main arguments many cases before the Government of National Unity was formed. In support of the action, the applicant relies on two pleas in law. 3. Third plea in law, alleging that the defendants failed to give adequate or sufficient reasons for including individuals and 1. First plea in law, alleging that the defendant erred when it entities in the contested measures. found that the applicant did not comply with the conditions of eligibility set out in Article 11 of Regulation (EC) No 1367/2006, as the applicant already existed for more than 4. Fourth plea in law, alleging that the defendants failed to two years when it made its request for internal review. safeguard the applicants’ rights of defence and to effective judicial review, in that: 2. Second plea in law, alleging that the defendant erred when it 2 — The defendants provided no particulars or evidence in stated that Implementing Regulation (EU) No 1143/2011 ( ) support of their vague assertions of serious misconduct, cannot be considered an administrative act within the and meaning of Article 10 of Regulation (EC) No 1367/2006, as it is defined in Article 2(1)(g) of that Regulation, as the decision to approve prochloraz is sufficiently individual in — The defendants provided no opportunity for the its effects and content to make it an administrative act as is applicants to comment on the case and evidence meant in Article 10(1) of Regulation (EC) No 1367/2006. against them. 5. Fifth plea in law, alleging that the defendants infringed, ( 1 ) Regulation (EC) No 1367/2006 of the European Parliament and of without justification or proportion, the applicants’ funda­ the Council of 6 September 2006 on the application of the mental rights, including their right to protection of their provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in property, business, reputation and private and family life. Environmental Matters to Community institutions and bodies (OJ 2006 L 264, p. 13) ( 2 ) Commission Implementing Regulation (EU) No 1143/2011 of 10 November 2011 approving the active substance prochloraz, in accordance with Regulation (EC) No 1107/2009 of the European Action brought on 2 May 2012 — PAN Europe v Parliament and of the Council concerning the placing of plant Commission protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011 and Commission Decision 2008/934/EC (OJ 2011 L 293, p. 26) (Case T-192/12) (2012/C 194/43) Language of the case: English Action brought on 8 May 2012 — MIP Metro v OHIM — Parties Holsten-Brauerei (H) Applicant: Pesticide Action Network Europe (PAN Europe) (Case T-193/12) (Brussels, Belgium) (represented by: J. Rutteman, lawyer) (2012/C 194/44) Defendant: European Commission Language in which the application was lodged: German Parties Form of order sought Applicant: MIP Metro Group Intellectual Property GmbH & Co. — Declare the Commission’s Decision of 9 March 2012, which KG (Düsseldorf, Germany) (represented by: J.-C. Plate and R. found a request made by the applicant for internal review to Kaase, lawyers) be inadmissible, contrary to Regulation (EC) No 1367/2006/EC ( 1 ) and the Convention on Access to Information, Public Participation in Decision-making and Defendant: Office for Harmonisation in the Internal Market Access to Justice in Environmental Matters (‘Aarhus Conven­ (Trade Marks and Designs) tion’); Other party to the proceedings before the Board of Appeal: Holsten- — Annul the Commission’s Decision of 9 March 2012; Brauerei AG (Hamburg, Germany).
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